Section § 70030

Explanation

This law allows people living in a county or part of a county to create a levee district. The district helps protect land from flooding and manages water levels in local waterways like sloughs and drains.

The people of a county or a portion of a county, whether the portion includes unincorporated territory or not, may form a levee district for the protection of the lands of the district from overflow and for the purpose of conserving or adding water to the sloughs and drains in the district.

Section § 70031

Explanation

This law section explains that when creating a new water district, the petition must clearly outline the area's borders and request its official establishment as a district.

The formation petition shall describe the boundaries of the proposed district and shall pray that it be incorporated into a district.

Section § 70032

Explanation

This law requires that to start the process of forming a levee district, a petition must be signed by at least half of the landowners and the owners of half of the land that will be included. The petition can be made up of multiple documents and must be filed with the county's board of supervisors.

The formation petition shall be signed by at least 50 percent of the landowners and shall also be signed by the owners of 50 percent of the land to be included in the levee district. The petition may consist of any number of separate instruments. The petition shall be filed with the board of supervisors of the county.

Section § 70033

Explanation

This law section says that when a new district is being proposed, the official in charge of elections in the county where the district will be must announce a hearing about the formation of the district. They have to do this following specific public notice rules mentioned in another part of the law (Section 6066 of the Government Code).

The county elections official of the county containing the proposed district shall publish notice of a hearing on the formation petition pursuant to Section 6066 of the Government Code.

Section § 70034

Explanation

This section outlines what must be included in the notice for a hearing about forming a new district. It must include the petition's text, the number of signers, at least five signer names, when the meeting will happen, and that interested people can attend and express their views.

The notice of the hearing on the formation petition shall contain all of the following:
(a)CA Water Code § 70034(a) The text of the petition, which need be set forth only once even though contained upon more than one instrument.
(b)CA Water Code § 70034(b) The number of persons who have signed the petition.
(c)CA Water Code § 70034(c) At least five of the names attached to the petition.
(d)CA Water Code § 70034(d) The time of the meeting of the board of supervisors at which the petition will be presented and considered.
(e)CA Water Code § 70034(e) A statement that all persons interested may then appear and be heard.

Section § 70035

Explanation

Even if there are mistakes in the petition or notice form, the process of forming a water district is still valid as long as the petition has enough qualified signatures.

No defects in the contents of the petition, or in the form of the required notice, shall vitiate the formation proceedings, if the petition has a sufficient number of qualified signatures attached.

Section § 70036

Explanation

If you're trying to form a new district, you need to submit a formation petition. This petition must be presented at a regular meeting of the county's board of supervisors, where the new district is supposed to be located.

The formation petition shall be presented and considered at a regular meeting of the board of supervisors of the county in which the proposed district is to be situated.

Section § 70037

Explanation

This law section explains that when a petition is submitted for consideration, the board of supervisors must hold a hearing at the scheduled time. During this hearing, they will listen to anyone who signed the petition and wishes to speak, as well as review any written protests from property owners in the proposed district. These protests must be submitted to the board's clerk before the hearing. The board has the option to postpone the hearing, but only for up to four weeks in total.

At the time stated in the notice of the hearing the board of supervisors shall hear the petition, and shall hear from any of those who signed the petition and who wish to appear, and shall consider any written protest filed with the clerk of the board prior to the hearing, by or on behalf of owners of taxable property situated within the proposed district. The board of supervisors may adjourn the hearing from time to time, not exceeding four weeks in all.

Section § 70038

Explanation

This section discusses the process of forming a district through a petition in California. During a hearing, the board of supervisors will decide if the petition meets legal requirements. They will listen to all relevant evidence for and against the petition. Their decision is recorded in their official records and is final, unless challenged by the state through a lawsuit by the Attorney General within one year of their order forming the district.

At the hearing of the formation petition the board of supervisors shall determine whether or not the petition complies with this part and for that purpose shall hear all competent and relevant testimony offered in support of or in opposition thereto. The determination shall be entered upon the minutes of the board of supervisors. A finding of the board of supervisors in favor of the genuineness and sufficiency of the petition and notice shall be conclusive against all persons, except the State in a suit by the Attorney General, commenced within one year after the order of the board of supervisors declaring the district formed.

Section § 70039

Explanation

At the final hearing, the board of supervisors can adjust the proposed district's boundaries if needed. They must ensure that any land included that will benefit from the district remains in it. Lands that won't benefit should not be included. Additionally, any landowner whose property wasn't initially included but will benefit from the district can apply to have their land added at the board's discretion.

At the final hearing the board of supervisors may make changes in the boundaries of the proposed district, as may be deemed advisable, and shall then describe the boundaries of the proposed district. In doing this:
(a)CA Water Code § 70039(a) No land included in the proposed district in the petition, which will be benefited by the district shall be excluded.
(b)CA Water Code § 70039(b) No land which will not, in the judgment of the board, be benefited by the district shall be included.
(c)CA Water Code § 70039(c) Upon the application of any person whose land was not included in the petition but whose land will be benefited by the proposed district, the land may, in the discretion of the board, be included.

Section § 70040

Explanation

Once the boundaries of a proposed district are finalized, the board of supervisors must organize a formation election. This election will decide if the district should be created. It has to be scheduled to take place between 50 and 60 days after the final hearing about forming the district.

Upon the final determination of the boundaries of the proposed district, the board of supervisors shall call and give notice of a formation election to be held in the proposed district for the purpose of determining whether or not the district shall be formed. The date of the election shall be not less than 50 days nor more than 60 days from the date of the final hearing on the formation petition.

Section § 70041

Explanation

This law outlines what must be included in the notice for an election to form a new levee district. The notice must specify the election date, the district's boundaries, its proposed name including 'Levee District,' and indicate that directors will be elected in this election. Additionally, the notice must be published once a week for at least two weeks in a local newspaper before the election takes place.

The notice of the formation election shall contain:
(a)CA Water Code § 70041(a) The date of the election.
(b)CA Water Code § 70041(b) A description of the boundaries of the proposed district.
(c)CA Water Code § 70041(c) The name of the proposed district, which name shall contain the words “Levee District.”
(d)CA Water Code § 70041(d) A statement that the first directors will be elected at that election.
The county elections official shall publish the notice once a week for at least two weeks prior to the formation election in one newspaper printed and published in the county.

Section § 70041.1

Explanation

This law section outlines the process for notifying and analyzing a proposed district formation election. Once the election is called, the legislative body must inform the local agency formation commission's executive officer within five days via registered mail. This notification includes details about the proposed district, such as its name and description. The executive officer has five days to provide an impartial analysis of the proposal, under 500 words, which includes the district's boundaries. The commission then has another five days to approve or adjust this analysis and send it to those conducting the election.

Within five days after the district formation election has been called, the legislative body which has called the election shall transmit, by registered mail, a written notification of the election call to the executive officer of the local agency formation commission of the county or principal county in which the territory or major portion of the territory of the proposed district is located. Such written notice shall include the name and a description of the proposed district, and may be in the form of a certified copy of the resolution adopted by the legislative body calling the district formation election.
The executive officer, within five days after being notified that a district formation election has been called, shall submit to the commission, for its approval or modification, an impartial analysis of the proposed district formation.
The impartial analysis shall not exceed 500 words in length and shall include a specific description of the boundaries of the district proposed to be formed.
The local agency formation commission, within five days after the receipt of the executive officer’s analysis, shall approve or modify the analysis and submit it to the officials in charge of conducting the district formation election.

Section § 70041.2

Explanation

This law allows the board of supervisors, any of its members, or any eligible voter or group of voters, to submit written arguments for or against the creation of a new district. These written arguments must be kept under 300 words and submitted at least 54 days before the district formation election.

The board of supervisors or any member or members of the board authorized by the board, or any individual voter or bona fide association of citizens entitled to vote on the district formation proposition, or any combination of such voters and associations of citizens, may file a written argument for or a written argument against the proposed district formation.
Arguments shall not exceed 300 words in length and shall be filed with the officials in charge of conducting the election not less than 54 days prior to the date of the district formation election.

Section § 70041.3

Explanation

This law section explains that if multiple arguments for or against forming a new district are submitted, election officials must pick one to share with voters. They should prioritize arguments from the local board of supervisors first, followed by those from individual voters or groups of citizens.

If more than one argument for or more than one argument against the proposed district formation is filed with the election officials within the time prescribed, such election officials shall select one of the arguments for printing and distribution to the voters.
In selecting the arguments, the election officials shall give preference and priority in the the order named to the arguments of the following:
(a)CA Water Code § 70041.3(a) The board of supervisors or any member or members of the board authorized by the board.
(b)CA Water Code § 70041.3(b) Individual voters or bona fide associations of citizens or a combination of such voters and associations.

Section § 70041.4

Explanation

This law requires election officials to prepare and send a ballot pamphlet to voters whenever there's a vote on forming a new district. The pamphlet must include the full text of the district formation proposal, an unbiased analysis by the local agency, and arguments for and against the proposal. This information has to be mailed out at least 10 days before the election, and it's considered official material as per election regulations.

The officials in charge of conducting the election shall cause a ballot pamphlet concerning the district formation proposition to be voted on to be printed and mailed to each voter entitled to vote on the district formation question.
The ballot pamphlet shall contain the following in the order prescribed:
(a)CA Water Code § 70041.4(a) The complete text of the proposition.
(b)CA Water Code § 70041.4(b) The impartial analysis of the proposition prepared by the local agency formation commission.
(c)CA Water Code § 70041.4(c) The argument for the proposed district formation.
(d)CA Water Code § 70041.4(d) The argument against the proposed district formation.
The elections officials shall mail a ballot pamphlet to each voter entitled to vote in the district formation election at least 10 days prior to the date of the election. The ballot pamphlet is “official matter” within the meaning of Section 13303 of the Elections Code.

Section § 70042

Explanation

This law section outlines what happens during the election to form a new levee district. First, voters decide whether the levee district should be established by voting on a specific measure. Secondly, if they agree to form it, they will also elect the first directors who will oversee the new district. This process occurs under the regulations set out by the Levee District Law of 1959.

At the formation election:
(a)CA Water Code § 70042(a) The measure “Shall the proposition to form ____ Levee District under the Levee District Law of 1959 be adopted?” shall be submitted.
(b)CA Water Code § 70042(b) The first directors for the proposed district shall be elected.

Section § 70043

Explanation

This law section explains how elections related to water districts should be handled. It states that the election process, including counting votes and announcing results, should follow the general rules of the Elections Code unless specified otherwise in this part. To get a name on the ballot for a district formation election, a person must meet requirements outlined in Section 70124. After the election, the board of supervisors will count the votes during their next regular meeting, which must occur at least five days after the election.

The election shall be conducted, the vote canvassed, and the result declared in the same manner provided by the Elections Code, so far as applicable, except as otherwise provided in this part. Each person who wishes to have his name printed on the formation election ballot shall comply with Section 70124. The vote shall be canvassed by the board of supervisors at its next regular meeting, five or more days after the election.

Section § 70044

Explanation

If most people vote against forming a district or agency, the process won't move forward. However, they can try again later if they want to.

If less than a majority of the votes cast are in favor of formation, the formation shall fail, but without prejudice to renewing proceedings at any time in the future.

Section § 70045

Explanation

If most people vote yes to create a district in an election, the local board of supervisors has to officially name it a district in their records. Then, the county clerk needs to record a certificate showing that voters approved forming the district, and this document is filed with the county recorder.

If a majority of the votes cast at the formation election are in favor of forming the district, the board of supervisors shall, by an order entered on its minutes, declare the territory formed as a district under the name designated for it, and the county clerk shall immediately cause to be recorded in the office of the county recorder of the county in which the district is situated, a certificate stating that the formation of the district was approved by the voters.

Section § 70046

Explanation

This law states that if there are minor procedural mistakes or informalities in forming a levee district, these mistakes won’t invalidate the district as long as they don’t significantly harm the legal rights of any citizen.

No informality in any proceeding, including informality in the conduct of the formation election, not substantially adversely affecting the legal rights of any citizen shall invalidate the organization of a levee district organized under this part.

Section § 70047

Explanation

If you're going to challenge the validity of the formation of a levee district, you must do so within three months after its official documentation is recorded. After that period, the district's formation and all related proceedings cannot be questioned in court.

Except as provided in Section 70038, any proceeding, contesting the validity of the organization of a levee district pursuant to this part, shall be commenced within three months from the date of the recordation of the certificate; subsequently, the organization and legal existence of the district and all proceedings in respect thereto, shall be uncontestable.